Probate granted - can I refuse to be a trustee?

Keep_pedalling

pkmid said:

Keep_pedalling said:

pkmid said:

Keep_pedalling said:

So it looks like her son has been given a life interest and the property to be held in trust for your mother. Life interest trust such as this need little in the way of administration for a trustee, until the time comes to end the trust. The trust certainly would not be responsible for any debt run up by the occupant any any creditors would have nn claim on the property as he does not own it. 

The main problem you have is the fact that the eventual beneficiary (remainderman) does not and never has existed. If that clause did not exist you and your sibling would be the eventually beneficiaries. You may still be, but you need to take legal advice on what the implications of this clause will be.

If you are the are to eventually inherit then it would be best I’d you and your sibling were the trustees.

I agree. Why that clause wasn’t picked up by her witnesses I’ll never know as they knew our names. I’m assuming my mum wasn’t aware her sister was redoing her will or she would’ve checked it over beforehand. Tbh I don’t want to inherit the place. It’s a mess physically as well as the fact my uncle has decided to live there. Selling a house is hard enough when it’s a close relative. The amount of faff this will cause, if I’m still around with my cousin passes, isn’t worth it to me. The house has been neglected for so long as well. 

Edit: thanks for your info in the first part regarding debt. I will be a trustee if I am not liable for any debt my cousin may incur 

Witnesses to will are merely witnessing the testator signing, they have no need to read the will and actually have no right to to read it. This sounds very much like like a DIY will. The clause about her son no longer having the right to live there if he marries or cohabits with anyone is a horrible thing to put in a will and possible the biggest headache for any trustee.

If you and your sibling are not interested in eventually inheriting the property, then speak to your solicitor about doing a deed of variation so that your cousin e her it’s outright instead.

Thank you. That is helpful. Is that clause really in there? I’ve been so preoccupied I struggled to understand the will when I typed it but that is exactly what it says. I’m really surprised she put it in there to be honest. 

Thank you for your advice about the deed of variation.  I think it would make most sense to go to him fully. He can then decide if he wants to sell etc. I’m assuming you meant own it outright in your last line? 

Typo corrected.

One other important point, a deed of variation needs to be done within 2 years of the death of the testator.

pkmid

Keep_pedalling said:

pkmid said:

Keep_pedalling said:

pkmid said:

Keep_pedalling said:

So it looks like her son has been given a life interest and the property to be held in trust for your mother. Life interest trust such as this need little in the way of administration for a trustee, until the time comes to end the trust. The trust certainly would not be responsible for any debt run up by the occupant any any creditors would have nn claim on the property as he does not own it. 

The main problem you have is the fact that the eventual beneficiary (remainderman) does not and never has existed. If that clause did not exist you and your sibling would be the eventually beneficiaries. You may still be, but you need to take legal advice on what the implications of this clause will be.

If you are the are to eventually inherit then it would be best I’d you and your sibling were the trustees.

I agree. Why that clause wasn’t picked up by her witnesses I’ll never know as they knew our names. I’m assuming my mum wasn’t aware her sister was redoing her will or she would’ve checked it over beforehand. Tbh I don’t want to inherit the place. It’s a mess physically as well as the fact my uncle has decided to live there. Selling a house is hard enough when it’s a close relative. The amount of faff this will cause, if I’m still around with my cousin passes, isn’t worth it to me. The house has been neglected for so long as well. 

Edit: thanks for your info in the first part regarding debt. I will be a trustee if I am not liable for any debt my cousin may incur 

Witnesses to will are merely witnessing the testator signing, they have no need to read the will and actually have no right to to read it. This sounds very much like like a DIY will. The clause about her son no longer having the right to live there if he marries or cohabits with anyone is a horrible thing to put in a will and possible the biggest headache for any trustee.

If you and your sibling are not interested in eventually inheriting the property, then speak to your solicitor about doing a deed of variation so that your cousin e her it’s outright instead.

Thank you. That is helpful. Is that clause really in there? I’ve been so preoccupied I struggled to understand the will when I typed it but that is exactly what it says. I’m really surprised she put it in there to be honest. 

Thank you for your advice about the deed of variation.  I think it would make most sense to go to him fully. He can then decide if he wants to sell etc. I’m assuming you meant own it outright in your last line? 

Typo corrected.

One other important point, a deed of variation needs to be done within 2 years of the death of the testator.

Thank you that's good to know, I should hopefully have enough time to sort this then. Probate has taken well over a year!

pkmid

Keep_pedalling said:

pkmid said:

Keep_pedalling said:

pkmid said:

Keep_pedalling said:

So it looks like her son has been given a life interest and the property to be held in trust for your mother. Life interest trust such as this need little in the way of administration for a trustee, until the time comes to end the trust. The trust certainly would not be responsible for any debt run up by the occupant any any creditors would have nn claim on the property as he does not own it. 

The main problem you have is the fact that the eventual beneficiary (remainderman) does not and never has existed. If that clause did not exist you and your sibling would be the eventually beneficiaries. You may still be, but you need to take legal advice on what the implications of this clause will be.

If you are the are to eventually inherit then it would be best I’d you and your sibling were the trustees.

I agree. Why that clause wasn’t picked up by her witnesses I’ll never know as they knew our names. I’m assuming my mum wasn’t aware her sister was redoing her will or she would’ve checked it over beforehand. Tbh I don’t want to inherit the place. It’s a mess physically as well as the fact my uncle has decided to live there. Selling a house is hard enough when it’s a close relative. The amount of faff this will cause, if I’m still around with my cousin passes, isn’t worth it to me. The house has been neglected for so long as well. 

Edit: thanks for your info in the first part regarding debt. I will be a trustee if I am not liable for any debt my cousin may incur 

Witnesses to will are merely witnessing the testator signing, they have no need to read the will and actually have no right to to read it. This sounds very much like like a DIY will. The clause about her son no longer having the right to live there if he marries or cohabits with anyone is a horrible thing to put in a will and possible the biggest headache for any trustee.

If you and your sibling are not interested in eventually inheriting the property, then speak to your solicitor about doing a deed of variation so that your cousin e her it’s outright instead.

Thank you. That is helpful. Is that clause really in there? I’ve been so preoccupied I struggled to understand the will when I typed it but that is exactly what it says. I’m really surprised she put it in there to be honest. 

Thank you for your advice about the deed of variation.  I think it would make most sense to go to him fully. He can then decide if he wants to sell etc. I’m assuming you meant own it outright in your last line? 

Typo corrected.

One other important point, a deed of variation needs to be done within 2 years of the death of the testator.

Thank you that's good to know, I should hopefully have enough time to sort this then. Probate has taken well over a year!